NY State Senate Bill 2017-S3763

Senate Bill S3763

2017-2018 Legislative Session

Relates to increasing the penalty for larceny and criminal mischief during a declaration of a state of emergency by the governor

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 07, 2018	advanced to third reading
May 02, 2018	2nd report cal.
May 01, 2018	1st report cal.1001
Jan 03, 2018	referred to codes
Jun 06, 2017	reported and committed to rules
Jan 26, 2017	referred to codes

Votes

- May 1, 2018 - Codes Committee Vote
  S3763
  
  12
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 1, 2018
      
      aye (12)
      
      Akshar
      
      Boyle
      
      Gallivan
      
      Golden
      
      Griffo
      
      Kaminsky
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Tedisco
      
      aye wr (4)
      
      Bailey
      
      Croci
      
      Hoylman-Sigal
      
      Krueger
  Jun 6, 2017 - Codes Committee Vote
  S3763
  
  15
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 6, 2017
      
      aye (15)
      
      Akshar
      
      Boyle
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Kaminsky
      
      Krueger
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Squadron
      
      Tedisco
      
      aye wr (1)
      
      Hoylman-Sigal

co-Sponsors

2017-S3763 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §§155.30, 155.35, 155.40, 155.42, 145.05, 145.10 & 145.12, Pen L
Versions Introduced in 2019-2020 Legislative Session:: S1386

2017-S3763 (ACTIVE) - Summary

Relates to increasing the penalty for larceny and criminal mischief during a declaration of a state of emergency by the governor, when committed within the geographical area where the state of emergency is in effect.

2017-S3763 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3763

 TITLE OF BILL :  An act to amend the penal law, in relation to
increasing the penalty for larceny and criminal mischief during a
declaration of a state of emergency by the governor, when committed
within the geographical area where the state of emergency is in effect

 PURPOSE :

This legislation would increase the penalty for larceny and criminal
mischief during a declaration of a state of emergency by the governor

 SUMMARY OF PROVISIONS :

Section one amends section 155.30 of the penal law and adds a new
subdivision 12

Section two amends section 155.35 of the penal law and adds a new
subdivision3

Section three amends subdivision 3 section 155.40 of the penal law and
adds a newsubdivision 3

Section four amends section 155.42 of the penal law

Section five amends section145.05 of the penal law and adds a

newsubdivision 3

Section six amends section 145.10 of the penal law

Section seven amends section 145.12 of the penal law

Section eight provides the effective date

 JUSTIFICATION :

When there is a declared state of emergency government, businesses and
civilians are vulnerable. Whether a state of emergency is declared due
to flooding, severe snow storms or a hurricane, there are laws on the
books protecting New Yorkers from price gouging. Under current law,
larceny and criminal mischief are crimes, however, during a state of
emergency, committing these crimes does not result in a higher
penalty. In a similar way that NYS has recognized a problem with price
gouging during a state of emergency and put laws on the books to
prevent, deter and punish those who would do it, we need to increase
the penalties for those who would commit larceny or criminal mischief.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law

2017-S3763 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3763
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to increasing the penalty for
   larceny and criminal mischief during a declaration of a state of emer-
   gency by the governor, when committed  within  the  geographical  area
   where the state of emergency is in effect
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 155.30 of the penal law is amended by adding a  new
 subdivision 12 to read as follows:
   12.  HE  OR  SHE  COMMITS  THE  OFFENSE OF PETIT LARCENY UNDER SECTION
 155.25 OF THIS ARTICLE DURING A DECLARATION OF A STATE OF  EMERGENCY  BY
 THE  GOVERNOR, WITHIN THE GEOGRAPHICAL AREA WHERE THE STATE OF EMERGENCY
 IS IN EFFECT.
   § 2. Section 155.35 of the penal law is amended by adding a new subdi-
 vision 3 to read as follows:
   3. COMMITS THE OFFENSE OF GRAND LARCENY IN  THE  FOURTH  DEGREE  UNDER
 SECTION  155.30 OF THIS ARTICLE DURING A DECLARATION OF A STATE OF EMER-
 GENCY BY THE GOVERNOR, WITHIN THE GEOGRAPHICAL AREA WHERE THE  STATE  OF
 EMERGENCY IS IN EFFECT.
   § 3. Section 155.40 of the penal law is amended by adding a new subdi-
 vision 3 to read as follows:
   3.  HE OR SHE COMMITS THE OFFENSE OF GRAND LARCENY IN THE THIRD DEGREE
 UNDER SECTION 155.35 OF THIS ARTICLE DURING A DECLARATION OF A STATE  OF
 EMERGENCY  BY THE GOVERNOR, WITHIN THE GEOGRAPHICAL AREA WHERE THE STATE
 OF EMERGENCY IS IN EFFECT.
   § 4. Section 155.42 of the penal law, as added by chapter 515  of  the
 laws of 1986, is amended to read as follows:
 § 155.42 Grand larceny in the first degree.
   A person is guilty of grand larceny in the first degree when he steals
 property and when:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07357-01-7

 S. 3763                             2
 
   1. [the] THE value of the property exceeds one million dollars; OR
   2. HE OR SHE COMMITS THE OFFENSE OF GRAND LARCENY IN THE SECOND DEGREE
 UNDER  SECTION 155.40 OF THIS ARTICLE DURING A DECLARATION OF A STATE OF
 EMERGENCY BY THE GOVERNOR, WITHIN THE GEOGRAPHICAL AREA WHERE THE  STATE
 OF EMERGENCY IS IN EFFECT.
   Grand larceny in the first degree is a class B felony.
   § 5. Section 145.05 of the penal law is amended by adding a new subdi-
 vision 3 to read as follows:
   3. COMMITS THE OFFENSE OF CRIMINAL MISCHIEF IN THE FOURTH DEGREE UNDER
 SECTION  145.00 OF THIS ARTICLE DURING A DECLARATION OF A STATE OF EMER-
 GENCY BY THE GOVERNOR, WITHIN THE GEOGRAPHICAL AREA WHERE THE  STATE  OF
 EMERGENCY IS IN EFFECT.
   § 6. Section 145.10 of the penal law, as amended by chapter 961 of the
 laws of 1971, is amended to read as follows:
 § 145.10 Criminal mischief in the second degree.
   A person is guilty of criminal mischief in the second degree when with
 intent  to  damage property of another person, and having no right to do
 so nor any reasonable ground to believe that he has such  right,  he  OR
 SHE:
   1. damages property of another person in an amount exceeding one thou-
 sand five hundred dollars; OR
   2.  COMMITS THE OFFENSE OF CRIMINAL MISCHIEF IN THE THIRD DEGREE UNDER
 SECTION 145.05 OF THIS ARTICLE DURING A DECLARATION OF A STATE OF  EMER-
 GENCY  BY  THE GOVERNOR, WITHIN THE GEOGRAPHICAL AREA WHERE THE STATE OF
 EMERGENCY IS IN EFFECT.
   Criminal mischief in the second degree is a class D felony.
   § 7. Section 145.12 of the penal law, as added by chapter 961  of  the
 laws of 1971, is amended to read as follows:
 § 145.12 Criminal mischief in the first degree.
   A  person is guilty of criminal mischief in the first degree when with
 intent to damage property of another person, and having no right  to  do
 so  nor  any  reasonable ground to believe that he has such right, he OR
 SHE:
   1. damages property of another person by means of an explosive; OR
   2. COMMITS THE OFFENSE OF CRIMINAL MISCHIEF IN THE SECOND DEGREE UNDER
 SECTION 145.10 OF THIS ARTICLE DURING A DECLARATION OF A STATE OF  EMER-
 GENCY  BY  THE GOVERNOR, WITHIN THE GEOGRAPHICAL AREA WHERE THE STATE OF
 EMERGENCY IS IN EFFECT.
   Criminal mischief in the first degree is a class B felony.
   § 8. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S3763

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Sponsored By

Rich Funke